Oak Harbor student pleads guilty to hate crime

An Oak Harbor High School student was sentenced Monday for committing a hate crime against a transgender student.

The boy, 15, pleaded guilty to malicious harassment, a felony. Under the definition of the charge, a person is guilty of malicious mischief if he or she commits an assault, makes a threat or vandalizes property “because of his or her perception of the victim’s race, color, religion, ancestry, national origin, gender, sexual orientation, or mental, physical, or sensory handicap.”

The boy is not being identified because he is a minor.

According to the police report, the victim was hanging out with friends behind the school Feb. 17 when a group of boys started spewing homophobic and racist slurs. The three boys started throwing pine cones at the girl and she told them to stop.

When the girl turned to leave, the defendant punched her on the head four or five times, slapped her and pushed her to the ground.

The girl’s glasses were broken during the assault.

The victim is genetically female but outwardly presents as a male, said Deputy Prosecutor Tamara Fundrella. The student is “transitioning” and still considers herself a girl in public but identifies as a male at home.

None of the other boys in the group laid a hand on the victim. In fact, they went to help the girl and apologized for what happened.

The defendant later admitted to committing the assault, but claimed it wasn’t motivated by hate; he said he didn’t know the victim was a female.

The girl wrote in a victim impact statement that she now feels anxious at school as a result of the assault. She said she worries that the boy, or one of his friends, will confront her or start a rumor about her.

An attorney said in court that both students remain in school, but a no-contact order bars the boy from contacting the girl.

In court Monday, defense attorney Trena Berton described the defendant as a good kid who is involved in athletics at school. Berton said he just made a terrible mistake.

Fundrella argued that the crime was very serious and required a serious response from the court. She opined that the teenager won’t appreciate the cruelty of his actions or effect it had on the victim for “some time to come.”

“That is because this case isn’t just an assault on one person; it’s an assault on our values as a community,” she said. “It’s important that our judicial system has a strong and appropriate response.”

On the other hand, Fundrella explained, juveniles who are first-time offenders are eligible for a deferred sentence unless they are accused of a sex crime or under certain limited conditions.

As a result, the teenager received a 12-month deferred sentence. That means the conviction will be vacated if he complies with the conditions of supervision.

The boy was sentenced to a year of community supervision and 70 hours of community service. He was ordered to pay $70 in restitution for the glasses. A no-contact order remains in place.

Judge pro tem Clarke Harvey told the boy that there was no justification for his actions and he hoped it was an isolated incident. He also said the boy should understand he’s getting a break.

Island County Prosecutor Greg Banks said there’s no place for hate crime in the community.

“It seems to be part of a nationwide trend,” he said. “We don’t want bigotry-driven violence to get a foothold in Island County.”